Author: zensciences

The Union Ministry of Labour and Employment has notified the draft Code on Social Security (Employee’s Compensation) (Central) Rules, 2021 and invited comments from stakeholders. The Code on Social Security, 2020, grants powers to the Central Government, under which the Draft Rules are made to bring into operation Chapter VII (Employee’s Compensation). Importantly, these Draft Rules are proposed in supersession of rules under the Employee’s Compensation Act, 1923, that will stand repealed by Section 164 of the Code, as and when it is brought into force.

The Delhi High Court granted an interim injunction in the case of Singh & Singh Law Firm LLP v. Singh + Singh Lawyers retraining the respondent from using the plaintiff’s trademark, logo, service name or any other identical or deceptively similar marks.

The Delhi High Court in the case of Red Bull AG v. Bakewell Biscuits Private Limited passed an ex-parte interim injunction restraining Bakewell from using Red Bull’s registered and well-known Trademarks.

The Union Ministry of Labour and Employment has invited comments on the Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 (“Draft Rules”). The Draft Rules seek to provide mechanisms to recognise Trade Unions and verify their membership under the new labour law regime. Interestingly, there is potential for these rules to bring about consistency in negotiating practices and perhaps foster ease of business. However, they have invited some opposition from labour organisations.

In the first order of its kind, the Delhi High Court in InterDigital Technology v. Xiaomi Corp has granted interim relief to plaintiff InterDigital Technology Corporation, in a patent infringement matter against defendant Xiaomi Corp, holding that a foreign court cannot injunct a party and restrain the enforcement of its cause before an Indian court, when Indian jurisdiction is the only forum competent to hear said claim.

This Connect discusses on the Notification of the Ministry of Labour and Employment the effective date of Section 142 of the Code on Social Security on applicability of Aadhaar. Also, it explains the position in the context of the Puttaswamy judgment of the Supreme Court.

This Connect discusses the legality of the order passed by the Government of Karnataka ordering all employers to provide paid leave to their workers when they are under Covid-19 quarantine.

The Supreme Court of India in Inox Renewables Ltd v. Jayesh Electricals Ltd., has held that the moment the seat of arbitration is chosen by parties, it is akin to an exclusive jurisdiction clause. It confers the courts at this place with exclusive jurisdiction to proceed with the arbitration. This Connect highlights the reasoning given by the court.

Bombay High Court observed that restraining Serum Institute from using Covishield name would disrupt the Covid-19 vaccination programme in the case of Cutis Biotech v. Serum Institute of India. This Connect highlights the reasoning given by the court in holding that it is not a case of ‘passing off’.

The Karnataka High Court in Dinesh Kumar v. Shweta Khandelwal case observed that Trademarks and Trade names are not the same and trial courts must keep in mind while deciding a case relating to ‘deceptively similar trademarks’ as the common man is man is neither blessed with the wisdom of Solomon nor the trained eyes of Sherlock Holmes. This Connect highlights the reasoning given by the court.

The Government of Karnataka has amended the Karnataka Shops and Commercial Establishments Act, 1961 and enhanced the carry forward of Earned Leave from the earlier 30 days to 45 days. This Connect explains in brief the implications of this amendment.

This Connect provides a quick summary of the order of the Karnataka High Court in the case of Varma Industrial where it ordered that gratuity of retiring employee is payable by the employer even without the employee applying for it.

The Supreme Court in Vidya Drolia’s case ruled that landlord-tenant disputes are arbitrable. This Counselence Connect highlights the brief facts of the case, decision rendered, and the reasoning given by the Supreme Court.

This Connect provides a quick summary of the provisions of the Code on Wages, 2019 that relate to the Central Advisory Board that have been brought into effect from 18th December 2020.

The Karnataka High Court held, in Snapdeal case, that an Intermediary or its directors/officers would not be liable for any action or inaction on part of a vendor/seller making use of the facilities provided by the intermediary in terms of a website or a marketplace. This Counselence Connect highlights the case, the decision rendered, and the reasoning given by the High Court.

The Labour Ministry published a draft Model Standing Orders on 31st December, 2020 addressing situations of work from home (“WFH”) and inviting comments from relevant stakeholders. The trend of WFH became essential due to Covid-19 pandemic and now is becoming popular too. Hence the Ministry has incorporated provisions relating to WFH in the draft Model Standing Orders. This Connect explains the provisions.

This Connect provides a quick summary of the judgement passed by the Karnataka High Court in the case of K.T. Thimmaiah, an ex-employee of KPTCL.

This Connect provides a quick summary of the Code on Social Security, 2020 that was notified in the Gazette of India on 29th September 2020. This Code replaces nine existing labour legislations relating to social security of workers and employees including on provident fund, gratuity, ESI, maternity benefit.

The Kerala High Court, in the case of Dr. Prasad Pannian, observed that mere discrimination against women at workplace, based on gender, will not constitute an offence of ‘Sexual Harassment’ under the POSH Act.

The Delhi High Court in the case of RB Health v. Dabur India when dealing with suit for infringement of design rights, has laid down conditions to be satisfied to grant an injunction in a suit for infringement under the Designs Act 2002. This Connect highlights the case with the reasoning given by the court.

The Supreme Court in Trustees of H.C. Dhanda Trust case observed that maximum penalty for deficit of stamp duty on documents cannot be mechanically imposed. This Counselence Connect highlights the brief facts of the case, decision rendered, and the reasoning given by the Supreme Court.

The Supreme Court, taking into account the present situation caused by the Covid-19 pandemic, has considered it appropriate to direct delivery of legal documents by electronic means. This Counselence Connect provides brief overview of the order passed and further directions issued by the Supreme Court in this regard.